Prl. Secy., Home Dept. And 2 ORS. v. R. Chinnaiah And Ano.

THE HON'BLE SRI JUSTI CE SANJAY KUMAR AND THE HON'BLE SRI JUSTI CE M.GANGA RAO WRI T PETI TI ON Nos.11456, 12362, 17818 and 17834 of 2015 COMMON ORDER: (per SK,J) These writ petitions were preferred by the State of Andhra Pradesh and its officials in the Police Department aggrieved by the order passed by the Andhra Pradesh Administrative Tribunal, Hyderabad, in separate O.As. filed by the first respondents-applicants in relation to their names being removed from the rolls of the Home Guards Organisation. Interim orders of suspension were passed in all these cases. While so, Sri K.Rama Subba Rao, learned counsel for the respondents-applicants, addressed letter dated 19.12.2018 to the Registry stating that these cases are squarely covered by the order dated 08.06.2018 passed by this Court in W.P.No.35460 of 2013 and batch and that the said judgment attained finality as the Special Leave Petitions filed by the State of Telangana before the Supreme Court were dismissed on 10.12.2018. He therefore requested the Registry to post these matters before this Court for speedy disposal.

Learned Assistant Government Pleader attached to the office of the learned Special Government Pleader for Home Services would fairly concede that these matters are squarely covered by the aforestated order which has been confirmed by the Supreme Court. In that view of the matter, for reasons alike as were stated in the common order dated 08.06.2018 passed in W.P.No.35460 of 2013 and batch and in terms thereof, these writ petitions are dismissed subject to the following conditions:

1) The first respondents-applicants in all these cases shall be subjected to a physical test to ascertain their fitness before being re-inducted in service as Home Guards. An objective and transparent procedure shall be adopted by the State and its police officials in this regard and all deserving candidates shall again be enrolled on the rolls of the Home Guards Organisation.

2) Enrollment of such deserving candidates shall, however, not have the effect of conferring upon them the benefit of continuity of service, seniority, arrears of pay etc. for all purposes. Their enrolment would be on par with fresh appointments.

Interim orders of suspension passed in these writ petitions shall stand vacated. Other pending miscellaneous petitions, if any, shall also stand dismissed. No order as to costs.

_______________ SANJAY KUMAR,J ______________ M.GANGA RAO,J Date:26.12.2018 GJ